Alvarado

This is an appeal from a judgment of conviction of possession of marijuana.

In an information filed in Los Angeles County on January 25, 1966, defendant was charged with possessing marijuana on December 5, 1965. It was further charged that on October 15, 1962, in the Superior Court in Los Angeles County, defendant had been convicted of the crime of violation of section 11500, Health and Safety Code, a felony. Defendant pleaded not guilty. In a trial without a jury, defendant was found guilty as charged. Upon motion of the prosecution the charge of the prior conviction was dismissed. Defendant was sentenced to the state prison; the sentence was suspended and defendant placed on probation, a part of the terms being that he spend one year in the county jail. The notice of appeal was timely filed.

A résumé of some of the facts is as follows:

At about 6 .-30 a.m. on December 5, 1965, Deputy Sheriffs Thatcher and Tolman, of the Los Angeles County Sheriff’s *451 Department, were on duty in the neighborhood of Cíela and Whittier Boulevard. They had previously received information with reference to a murder-robbery and a description of a suspect. Defendant and a male companion were…